The Turkish Notary Association made two announcements to clarify
and amend notarial requirements. It declared that employment
transfer agreements are no longer subject to stamp tax. The
association also clarified that real estate leases are not required
to be in the statutory form in order to be annotated to the real
estate registry. Previously, individual notary publics had
inconsistently required standard form lease contracts for
Based on advice from the Revenue Administration, the Notary
Association announced that employment transfer agreement protocols
are not subject to stamp tax. Previously, these had been deemed to
be a type of commercial agreement. Accordingly, these agreements
were subject to proportional revenue stamps and fees. However, the
latest opinion from the Revenue Administration is that these
agreements are now only subject to fixed fees. Please see this link for the Notary Association's
Circular No 7, dated 7 April 2016 (only available in Turkish).
The Notary Association also clarified that statutory form
property lease agreements are not required in order for these
agreements to be annotated to the real estate registry. Article
47(ç) of the Land Registration Regulation simply states that
property leases must be in written form, and this is sufficient to
be annotated to the real estate registry. Please see this link for the Notary Association's Circular
No 38, dated 2 May 2016 (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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